Powers v. Sherin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clarence E. Sherin, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of October, 1903, as denies the defendant’s motion to require plaintiff to separately state and number the causes of action intermingled in one count of the complaint.
1Opinion of the Court
Laughlin, J.:
The action is brought to recover $5,000 damages for personal injuries and for injuries to personal property alleged to have been sustained through the negligence of the defendant. It is alleged in the complaint that the plaintiff was riding in a victoria on Riverside drive in the city of New York, and that the defendant, while operating an automobile in the same direction, overtook and negligently ran her down, inflicting personal injuries and also injuring her horses and damaging her victoria.
Until the recent decision of the Court of Appeals in the case of Reilly v. Sicilian…
2Cases cited3 opinions
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- Goldberg v. . UtleyNew York Court of Appeals · 1875
- Crowell v. TruesdellAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Astoria Silk Works v. Plymouth Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1908